PANDURANG GOPAL KHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants have been convicted for the offences under sections 302, 307, 324, 504 r/w. Section 34 of the IPC and sentenced to undergo life imprisonment, rigorous imprisonment for 5 years respectively. By the impugned judgment and order dated 7th July, 1995, the 3rd Additional Sessions Judge, Kolhapur, held that on 5th September, 1989, at about 12. 00 noon at Sangrul, the appellant-accused nos. 2 and 3 with common intention along with the appellant-accused Nos. 1 and 4 committed the murder of complainant's brother Yashwant Ghungurkar (the deceased) and further caused grievous injuries that could have resulted into the death of the complainant [krishna]. They have voluntarily caused hurt to Baburao, shantabai, Hindurao, Anjubai, Balabai by using sticks and also intentionally insulted the complainant Krishna and deceased yashwant to provoke them to commit breach of peace.

(2.) As per the prosecution and the complainant, there was enmity between the family of complainant and of the accused on account of land "gaondhar". The accused, therefore, used to give threats to the complainant and his brother Yashwant (the deceased). The incident took place on 5th june, 1989, at about 12. 00 noon. On the fateful day, the complainant, along with the deceased, after taking meals, was sitting on a sopa of their house. All the accused, who were the neighbours, came to the house of the complainant Krishna and gave abuses. Accused No. 1 was holding a spear. Accused nos. 2 and 3 were holding axes, accused No. 4 was holding a stick. They came near the door of the house of the complainant and asked the complainant to come out. The complainant and the deceased came out of the house. Accused No. 3 Babaso started giving axe blows which was warded off by krishna by his hand. The accused No. 2 namdeo, however, at the same time, hit an axe blow on the head of Krishna and he, therefore, fell down. The deceased came forward and shouted not to beat his brother. Accused Nos. 2 and 3, however, inflicted axe blows on the head of the deceased also. The deceased also fell down. Accused No. 4 hit the deceased Yashwant with a heavy stick (Article No. 12) and accused No. 1 hit him with the handle of the spear. In the meantime, the family members of the deceased came out. Accused No. 4 hit a stick blow on the head of the complainant's sister Babutai (P. W. 11) , who had intervened. After seeing this, the complainant fell unconscious. He was removed to the hospital. He regained his consciousness in the hospital. The Police recorded his statement and treated the same as complaint (Exh. 26).

(3.) As per the complaint, as there was dispute and enmity on account of the field, the accused assaulted the complainant, his brother and his family members. Therefore, initially, a crime for offence punishable under Sections 307, 504 of the IPC was registered. However, on the same night, the deceased succumbed to his injuries and hence the crime was altered and re-registered under Section 302, as well as, under Section 307 of the IPC. The appellant-accused had voluntarily caused injuries to the eyewitnesses and, therefore, after completing due investigation P. W. 16 PSI Chaugale had filed the charge-sheet against all the accused under sections 302, 307, 326, 504 r/w. 34 of IPC. All the accused pleaded not guilty and claimed to be tried. Their defence was that the deceased and the complainant had been to their house holding swords, axes and sticks and assaulted accused No. 3 Babaso. They denied any enmity between the complainant and the accused on account of the said field "gaondhar".